New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-01
JACOB SHARP.
HIS APPEARANCE IN COURT.
THE PROSECUTION AND THE DBrESoh

duct Of the courts before which In ono shape or an
other they have been brought Judges are proverbi'
ally fond of the technical In law. They love to
dwell upon q "point." They often lose sight Of Jus
tice, oven Of common sense, In magnifyins some
catchy point Of law. The resources Of the bar Of
NewYork have been exhausted in efforts to trip up
the prosecution with motions and objections OF this
character. What Richard S. Newcombe Roger A.
Pryor, John Graham, BENJAMIN T. Tracy, Thomas Il.
Grady, Charles W. Brooke Peter Mitchell, Ira shater,
John Vincent, Albert Stickney, William Fullerton ana
Homer A. Nelson supplemented aided and abetted
by host of other lawyers whose clental interest Is
identical with thelrs-what all these men don't know
about legal artince is not TO be discovered They
have besieged the courts with motions, they have DEL
uged them with precedents, they have cannonaded
them witt law, they have driven broadsdes OF argu-
ment at them, but in no single instance have they
succeeded In binding the bench to the real merits Of
tho case.
No brilliant example Of legal skill and 1u-
dlcal discrimination has been developed during these
trials than was seen on Friday, when Mr. suckney
and Mr.. Carter moved to set aside Jacob sharps IN
dictment 1t a beautiful motion Tho dcience
alleged that the Grand Jury had been furnished with
Illegal evidence; that Mr. Nicon had been guilty OF
misconduct in instigatng the examination OF sharp
before the Senate Committee, where he was COM
PEELED to answer all questions put to him ana ehen
using his compulsory testimony before the Oraho
Jury They plead the constitutional privilege that
no man could be compelled to give evidence against
himself in criminal 1t was OF the highest
importance to Mr. Nico not to enter upon the merits
OF this position before the trial He proposes then
to do lust what he did before the Grand Jury He
proposes to put the stenographer OF the senate Co
mittee on tho stand and prove that Sharp sald cer
tain things. He wants to test tho propney Oh ,nis
course then not now. He therefore met the motion
to dismiss by preliminary obiectons-brst that nav
ing once plead to the Indictment the defendant was
debarred from moving to dismiss 1t; second that
even IL he has that privilege, the ground upon when
he endeavors to assert Is not conceded by the law
Judge Van Drunt avoided the first objection but sus-
tanned the second. This, as Mr.. Nlcon Desired
leaves tho merit Of the issue to be determineo Oh
the trial.
sbarn therefore has no recourse left but to face
bis flry and how fearfuy nc breads the day that
shall bring him and them together could easily pe
seen in his ashen face Friday That race VIII go
hard against him then. 1t Is bad race III WHICH
cunning mnglcs with grossness, pig-headedhess WIN
keen saracity and it is stamped all over WIN tnaV
jndescribabe mark which reveals an absence Oh al
scr1lple His dull pig-like eyes that light up win
CLEANS of hatred and smartness; his low foreneao'
creased and lined like mat his british mouth tha1
aIUavs hangs half open, with its protrudng upper
taw his chunky checks, all ill-favered Inter
preted in the light Of his conduct, they can Du' ~
against him in the minds OF mteDlseho ineh'
sharp,s sagacity is well displayed in tho selection
~ bIs LAWYERS. His ability to read character has
boan ono Of tho great secrets Of his business success
He seems intutvey to know Just what sort Oh men
no requires for every emergency As ioODSi'. "S
Albany no displayed quite as much wit IN AVOIDING
certain persons as in cOrralng others lie perioS"J
understands that the public regards him as an araho
bravo "a vulgar in character as he Is unscrupuIous
in method Approaching this and perhaps consciously
admitting It, he has sought for attorneys ana aaVo.
Gates who were conspicuous Tor tho possessioh y.
moral qualities he is conspicuous ior tne iaoA "
them. The bar Of Now-YOrk contains few men moro
highly esteemed by the people OF the city than ADer'
stIclney Judge Fullerton Senator Honor "A. Neison
and James c. Carter. 1t may be ON ethical eonun-
drum that those men should consent to prostitute
fas many regard t their signal abilities TO tne services
of a creature like Sharp, and shall NOT unuer.sAo
TO provide an answer to questions relating 70 ina.
mystery Lawyers generally believe, however 'na'
every accused has right to place on recora 'no
best defence ho can and perhaps THIS n'"i'0us
sentiment has something to do with IT,
Tho appearance Of Mr.. stickney "a tho master
snirt NJ the defence Is odd sight lie never aoes
criminal business. His practice mas hItneHo poon
evcIusively In civil cases. lie became Known "
sharp only few years ago through Tue iiioH sa
Grace OF Robinson, scribner & Bright THIS hrm mas
rad charge OF the legal business OF all snarps ran
roads but not Of his private business Ihey recon-
,nended Mr. stickney to the man OF mix III somo
nrivate sdt at law and Sharp became deeply mpreseo
with his new counsops ability. Mr.. sticHney was
sharD's attorney IN the suit DtOuSht W wy
NJ Mr. Nico's witnesses, for services. Powell claimed
money for having occurred tho names OF Broadway
property Owners i'm favor Of Sharps application ior
the Broadway franchise. He Is the witness VINO
testified before the Senate Investigating ConmieVeo
that sharp had told him that the Aldermen had been
GHxedp Mr.. stlclSney defeated Powers clain anu
nIcased Sharp immensely by his conduct of tho case
sticney is known chiefly for his indefatgable indus
try and his ultra views to professional moraii'y'
He ia generally regarded rs supersensitive upon
points Of ethics. No one has ever accused MN VI
preaching what he did not practice. BE ls o ell
dne-loolling man. angular in his build, with MID
dark eyes. q mellow, pleasing voice and host OF
cbaracteristc mannerisms. His dction is choice and
fluent and he usually addresses tho court with his
hands in his pockets. When that fatlgues him he
sticks his thumbs in the armholes OF his vest lie
has much OF General Pryors polite difference In ao-
dressing tho court, though no could mover hope to
secure that Southern flavor to his suavity WHICH -
tho Generals peculiar birthright'
When Sharp was arrested last october ne Went
directly to Mr.. stclmey and asked him to take the
case At first the lawyer hesitated About all he
knew of criminal law had been obtained during the |
Impeachment proceedings Of Judge Barnard lie was
ono OF the managers OF that great prosecution OH
behalf of tho Bar Association. sharp's appeal was
80 earnestly made that he finally consented since
hen no has become absolutely saturated with the
case He almost lives and moves and has his being
in H. 1t IA said that he has gono so far as moro
han once to declare that he would either acquit
sharp or tear up his license to practice.
Mr. sticl1ney's principal associate is ox-Judge Full
erton whose reputation is story Of hard work. ab-
ty and rare opportunity. He Is peculiarly q Jury
awvor His aiertness in gnsping and meeting
situation his Judgment Of what to do In an enler-
-s5ev. his intuitive perception of his adversary's
probable psa, his quiciness at repartee aud his I'M
ailing good-hublor, all make him capital advocate
,efore a Jury. The bar Of New-York undoubtedly
egards him one OF her Greatest nlsi prus lawyers
Ia hogan to practice at Newburg and when very
.ouns man he had case up there in Which Charles
)'Conor was his opponent. He beat Mr.. oconor
md pleased him So much by doing So that the great
rsh counsellor brought his young foe to Newborn
nd took him into partnership. Judge Fullertohs
,ractice Is extensive He has had several large VIII
ss one OF the most important Of which was that OF
Drake Mills who was Fernando Woods father-m-aw.
n many Of his probate cases he was associated with
no late Alexander W. Bradford. With William A.